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GDPR - Photographing

  • 17-05-2022 7:49pm
    #1
    Registered Users, Registered Users 2 Posts: 2,594 ✭✭✭


    Hi all


    I know that - in general - that you can’t be recorded where you have an expectation of privacy.


    If you feel that you have been recorded - such as in your front garden while laying a drive by a busy body neighbour - how can you prove to the DPC that it did occur and what can they do about it.


    (To avoid any hassle we will put up temporary hoarding - it’s all very frustrating)



Comments

  • Registered Users, Registered Users 2 Posts: 11,392 ✭✭✭✭Furze99


    What? Why would a busy body neighbour have any interest in photographing you? And why would it matter? Maybe get someone else to do the job?



  • Registered Users, Registered Users 2 Posts: 9,760 ✭✭✭Effects


    I don't think you have any way of getting the DPC to do anything for you in this case.



  • Registered Users, Registered Users 2 Posts: 1,711 ✭✭✭Lenar3556


    There wouldn’t appear to be any GDPR matter arising nor is it something which is likely to concern the DPC.

    The actions by the neighbour which you describe would be very unlikely to constitute an offence. If it were to be a sustained pattern of photography together with other elements, there could be cause to report the matter to the Garda on the basis that it amounted to harassment - but such would be a long way from you describe.



  • Registered Users, Registered Users 2 Posts: 10,902 ✭✭✭✭28064212


    You acknowledge you can't be recorded where there is an expectation of privacy. Presumably, you acknowledge that you can be recorded where there isn't an expectation of privacy. What isn't clear is why you seem to believe you have an expectation of privacy in your front garden?

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  • Registered Users, Registered Users 2 Posts: 2,594 ✭✭✭karlitob


    I accept that this is the front garden and of course can be seen from the roadside. What I don’t expect is to be recorded when I’m on my front garden - whatever I am doing - by someone recording from their sitting room window. This is surveillance from my perspective and if I am being recorded I think I have rights under GDPR, or at least an arguable case


    https://www.newstalk.com/news/is-your-video-doorbell-illegal-under-gdpr-1281674



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  • Registered Users, Registered Users 2 Posts: 2,594 ✭✭✭karlitob


    There’s a long back story. There is a sustained pattern of recording, harassment and nuisance. Thanks for reply.



  • Registered Users, Registered Users 2 Posts: 9,760 ✭✭✭Effects


    Does GDPR even come into it if they aren't doing anything with the footage?

    Where is the neighbour located? Can you do anything to block their view?

    Have you lodged complaints with the Gardai?



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